Last Wednesday, a panel of three judges on the 5th Circuit Court of Appeals heard arguments in a case that could ban the abortion pill mifepristone nationwide.
The judges’ views on abortion are anything but impartial: In 2021, Judge Jennifer Walker Elrod upheld a Texas ban on the most common and safe abortion procedure employed during the second trimester. Judge James Ho called abortion a "moral tragedy.” And Judge Cory Wilson called for the "complete and immediate reversal" of Roe v. Wade during a state congressional campaign in 2007.
But this case is not just an isolated attack by a rogue court. It’s the latest salvo of extremism from Republican-appointed judges that threatens to ban abortion nationwide. Extreme and unethical judges are threatening Americans’ safety and our fundamental freedoms — and we must stop them.
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After the Supreme Court overturned Roe v. Wade last summer, Republican state legislators across the country rushed to pass abortion bans any way they could.
Many of those that passed were immediately challenged in court by abortion rights groups. Yet we’ve seen over the years that the outcomes of abortion cases don’t always rely on legal theory. Rather, they often depend on which right-wing judges will hear the oral arguments, as they seek to impose their extremist views on the rest of society.
Worse yet, some anti-abortion plaintiffs go “judge shopping” to better their odds in court. It’s no accident that the plaintiff in the mifepristone case incorporated themselves in Amarillo, Texas just months before filing suit. They did so in order to get their case in front of a favorable, right-wing judge.
That’s not fair. That’s not justice. There shouldn’t be one set of rules for the wealthy and powerful and another for the rest of us.
The Far Right has spent decades rigging our court system in its favor. People For the American Way is continuing to fight back. We’re working every day to build grassroots mobilization, education, and activism campaigns that help confirm fair-minded federal judges and stop the confirmation of unsuitable nominees — all the while raising the prominence of federal courts in the minds of progressive activists.
We can’t do this work without members like you. So please, rush a donation today and your impact can be doubled! >>
— People For the American Way
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